Yesterday, the EPA formally announced that they will delay enforcement actions for violations of the RRP Rule certification requirement. The EPA has admitted that their efforts to fully implement the program as written and amended, has failed to produce the desired results.
Efforts by NARI and the NAHB has helped bring attention to the lack of sufficient training opportunities throughout the country.
Factors leading to EPA Fine Delays
1. Lack of EPA accredited trainers
2. Failure to educate regulatory agencies.
3. Insufficient funding to market and announce the program to states and the residential construction industry.
4. Numerous amendments leading to widespread confusion about the law. The opt out clause and clearance verification causing the bulk of the confusion.
5. Lack of funding and a strategy to enforce the law evenly.
6. Failure to educate homeowners.
7. Miscalculation of the amount of contractors, property managers and firms that need to be certified.
8. Failure to mesh the RRP law with other lead laws and programs leading to widespread confusion.
9. Miscalculation about the true costs to become compliant.
10. Insufficient industry capacity to supply contractors with the required supplies to comply with RRP practices.
11. The application to register as a Certified Firm confuses contractors leading to delays in applying.
12. Failure to provide effective outreach to the average residential contractor. Many contractors are just finding out or still have no idea that this law exists.
13. Effective lobbying efforts of NARI, NAHB, and other industry associations and spokesman.
Contractors and Property Managers Must Enroll in Certification by September 30th, 2010.
The EPA Mea Culpa does not remove the requirement to become certified. It only delays the inevitable responsibility to a later date. Contractors must prove that they are enrolled in a training by 9/30/2010 and must complete the training by 12/31/2010.
You must apply to become a Certified Firm by 10/1/2010
The announcement says that the EPA will not take enforcement actions for violations of the RRP Rule's firm certification requirement until 10/1/2010. Given the 90 day time frame for approving an application, all firms should apply right away to become a Certified Firm. After 10/1/2010, you will be non-compliant if you are not a Certified Firm.
Here is the Certified Firm Application
Here is the official EPA announcement document;
Schedule your training now to insure that you have a seat
In the weeks preceding April 22nd we had over 400 people schedule RRP training. Many contractors and property managers waited until the last minute and some did not get in. Companies who wait until September to schedule their training may find seats hard to come by. Schedule your training now and avoid the last minute rush.